In Re Matthew P.

Rich Pfeiffer, under appointment by the Court of Appeal, for Movants and Appellants and for Interveners and Appellants.

Laurence M. Watson, County Counsel, and Amy E. Morgan, Deputy County Counsel, for Plaintiff and Respondent.

Harold LaFlamme, Santa Ana, and Craig E. Arthur, under appointments by the Court of Appeal, for the Minors.

SONENSHINE, J.

This case illustrates the tension between the procedural due process rights of a party to a dependency proceeding and the power of the juvenile court to control the conduct of a hearing on a modification petition. Because we find due process rights were violated, we reverse the denial of the modification petition and remand for a new hearing. We lament, however, the eight months consumed while this appeal has progressed through this court and remind dependency counsel that traditional writ relief is available to remedy errors that unnecessarily delay a dependent child's progress toward permanency and stability. ( In re Pablo D. (1998) 67 Cal.App.4th 759, 761 , 79 Cal. Rptr.2d 247 .)

Mike and Nora K., de facto and former foster parents of Matthew P. and Zohn R., filed two separate appeals from two orders of the juvenile court: (1)…